Allowed

Sahjinder Singh v. State of Rajasthan-State

Rajasthan HC20 Jan 2023SOSA/789/2020

Case brief

AI extract

What is this about?

The High Court allowed the application for suspension of sentence under Section 389 Cr.P.C., ordering the release of the appellant on bail subject to a personal bond and execution of conditions for future appearance and address updates.

What did the court decide?

Sentence suspended; released on bail with personal bond of Rs.50,000 and two sureties of Rs.25,000 each, subject to stated conditions.

Sahjinder Singh Vs State of Rajasthan-State — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 789/2020

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Sahjinder Singh S/o Sh. Hari Singh, Aged About 27 Years, By Caste Jatsikh, R/o Senpal Kotha, Ps Rania, District Sirsa Haryana. (At Present Lodged In Central Jail Udaipur).

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----Petitioner

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Versus

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State Of Rajasthan-State, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Bhawani Singh For Respondent(s) : Mohd. Javed Gouri, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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20/01/2023

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Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence.

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Learned counsel for the appellant-applicant submits that the accused-appellant is behind bars from last 7 years and 3 months. Therefore, learned counsel for the appellant prays that the sentence awarded to the accused-appellant may be suspended.

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Learned Public Prosecutor vehemently opposed the prayer made by the learned counsel for the accused-appellant.

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Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant.

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(2 of 3) [SOSA-789/2020]

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Special Judge, NDPS cases No.2 Chittorgarh, vide judgment dated 01.11.2019 in Sessions Case No.47/2017 against the appellant-applicant Sahjinder Singh S/o Sh. Hari Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 20.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial

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(3 of 3)

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[SOSA-789/2020]

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court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(MADAN GOPAL VYAS),J

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97-neha/-

Sahjinder Singh v. State of Rajasthan-State

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Sahjinder Singh v. State of Rajasthan-State

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